RULE 16-405. FILING AND REMOVAL OF PAPERS
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 16-405
RULE 16-405. FILING AND REMOVAL OF PAPERS
(B) Except as otherwise required by law, upon the entry of judgment in the case and after the time for appeal has expired, or, if an appeal has been taken, the clerk has received a mandate issued by the final appellate court to consider a direct appeal from the judgment and the time for seeking any possible further review has expired, the clerk shall send written notice to all counsel of record and to each self-represented party advising that if no request to withdraw the exhibits is received within 30 days from the date of the notice, the exhibits will be disposed of. Unless (i) a request is received by the clerk within 30 days after the date of notice, (ii) the court within that period orders otherwise, or (iii) destruction of the exhibits at that time is precluded by law, the clerk shall dispose of the exhibits in any appropriate manner, including destruction.
Committee note: Some statutes require that certain evidence be retained. See, for example, Code, Criminal Procedure Article, ยง 8-201, requiring the State to preserve scientific identification evidence.
(f) Record of Removed Papers. Whenever a court file or any paper contained in it is removed from the clerk's office pursuant to this Rule, the clerk shall maintain an appropriate record of its location. If the file or papers are removed from the courthouse, the clerk shall make a notation on the docket of the removal and return of the item.
Source: This Rule is derived from former Rule 16-306 (2016).
Credits
[Adopted June 6, 2016, eff. July 1, 2016.]
MD Rules, Rule 16-405, MD R CTS J AND ATTYS Rule 16-405
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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